Civil court records such as divorce records can sometimes be embarrassing, and criminal records can prevent you from getting back on your feet by restricting your ability to get a good job or rent a nicer apartment. The state of Texas provides a legal process for you to seal civil or criminal records under certain circumstances. If you qualify, your records will be sealed so that no one can see them without making a specific request to the court to have them opened.

Steps

Method1

Sealing Civil Court Records

1

Develop your argument. There is a strong presumption that court records are public records, and you must have a good reason to overcome this presumption and have your records sealed.

Generally, you must prove that you have a substantial interest that clearly outweighs the presumption of keeping court records open, and that there is no way to protect that interest that is less restrictive than sealing the records.[1]

2

Read the Texas rules on sealing civil court records. The state has rules that govern both the procedure for sealing records and the circumstances under which sealing records is appropriate.

Keep in mind that sealing court records does not mean that actual court files are removed for any reason. The physical files remain intact, but the general public cannot look at sealed records without a court order granting permission.[2]

Because the Texas court rule that governs the sealing of court records specifically excludes documents filed in a family law case,[3] judges have complete discretion in whether to seal records in a family law case such as a divorce or a child custody proceeding.[4]

Family law cases don't have to meet the same standard as other civil law cases to be sealed, and judges typically will seal divorce or custody records if a request is made.[5]

3

Consider consulting an attorney. Given the complexity of the process and the issues at stake, you may wish to have an attorney represent you and ensure your interests are protected.

4

Draft your motion for nondisclosure. Your motion must specifically state your reasons for wanting the court record sealed, and the style and court number of the case you want sealed.[6]

5

Draft a public notice. Your public notice must state that there will be a hearing in open court on your motion to seal the court records in a specific case, and that anyone has the right to come and speak about it.[7]

6

File your motion for nondisclosure. You must file your motion with the clerk in the same court that decided the case you want sealed.

Expect to pay filing fees of between $10 and $25 depending on the court and county where you file your motion.[8]

The clerk will schedule a hearing on your motion at least 14 days after the date you filed your motion. This provides plenty of time for the public to be notified of your desire to have the court records sealed.[9]

7

Publish your notice. Before your records are sealed, you must publish notice of your intent to do so in the same place where county government meetings are posted and give any interested party the opportunity to object.

The public notice must list the name of the case and the court's case number, as well as the specific date, time, and place of the hearing on the motion.[10]

Attend your hearing. You must attend your hearing in support of your petition or the court will dismiss it.

The hearing is open to the public, and anyone may intervene and speak out in opposition of your motion.[12]

Make sure to bring along any documents or pieces of evidence that support your position that the case records should be sealed.[13]

Method2

Sealing Adult Criminal Records

1

Confirm that you qualify to have your record sealed. You can only get your criminal records sealed if you meet six specified conditions:

You must have been placed on deferred adjudication for the offense you're asking the court to seal record of. If the judge issued a deferred adjudication order, you should attach a copy of that order to your petition.[14]

You must have successfully completed that deferred adjudication. Upon successful completion, the court would have issued you an order of dismissal and discharge. You should attach a copy of that order to your petition as well.[15]

You must have been placed on deferred adjudication for an offense that qualifies for an order of nondisclosure. Three categories of offenses, including homicide or kidnapping, offenses that require you to register as a sex offender, and domestic violence offenses, are not eligible to be sealed in the state of Texas. If your offense falls into one of those categories, you are not entitled to file a petition.[16]

You must not have any disqualifying criminal history. Not only are you not entitled to have your record sealed regarding offenses such as homicide, sex crimes, or domestic violence offenses, but you cannot have the record of another offense sealed if you've ever been convicted of a crime in any of those three categories.[17]

You must have completed the waiting period after the court entered the order of dismissal and discharge. If your offense was a felony, you must wait five years. Certain misdemeanors have a two-year waiting period, while others have no waiting period at all. You can check with the clerk of court if you are unsure whether your offense has a waiting period before you can file a petition to seal the records.[18]

From the date you were placed on deferred adjudication until the end of the waiting period or the date you file your petition, you must not have been convicted of any other crime.[19]

2

Get your fingerprint card and a copy of your criminal record. Before you complete and file your petition, you must get a copy of your criminal record to prove you qualify to have your records sealed.

You should get a copy of your criminal record in particular if you are unsure whether you have a conviction that would disqualify you from having the record of an offense sealed. Although the Texas courts don't require you to attach a copy of your criminal record to your petition, doing so may speed up processing time.[20]

3

Get the form for a Petition for Nondisclosure. The Texas Office of Court Administration has a form you can fill out, along with line-by-line instructions for how to fill it out.[21]

4

Fill out your Petition for Nondisclosure. Follow the instructions to complete your petition.

You can type your answers into the form using a computer. If you want, you also may print the form and hand-write your answers.

Once you've finished answering all the questions, sign your petition. It does not have to be notarized.[22]

5

File your petition. You must file your petition in the same court where you acquired the record you want sealed.

You can file your petition in person, online, or through the mail.[23]

Filing fees to open a new nondisclosure case will be between $200 and $300.[24] The amount of the fee varies from county to county. If you cannot afford these fees, you can file an affidavit of indigency.[25]

You don't have to have your petition served or provide notice to anyone else. The clerk will provide notice to the state through the prosecutor's office.[26]

6

Wait to receive notice if a hearing is scheduled. The state may request a hearing, or the judge may schedule a hearing regardless of whether the state requests one.

The state has 45 days from the date you file your petition to request a hearing. If a hearing is scheduled, you will be notified using the contact information you provided to the clerk.[27]

7

Attend your hearing. If a hearing is scheduled, you must attend or the judge will not grant your petition.

Often the judge will not hold a hearing if one was not requested by the state. If the judge determines that you're entitled to an order of nondisclosure, she will go ahead and issue one.[28]

If the judge does hold a hearing, she will have two questions before her: whether you are entitled to an order, and whether issuing the order would be in the best interest of justice.[29]

8

Receive the court's order. Once the judge makes a decision, you will receive copies of the order from the court clerk.[30]